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S.I. No. 177/2014 - European Communities (Admissions to Listing and Miscellaneous Provisions) (Amendment) Regulations 2014

Type Statutory Instrument

Publication 2014-04-15

State In force

Text As published

Source Irish Statute Book

articles 4

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th April, 2014.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purposes of giving further effect to Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001¹ as amended by Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003² and Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004³ and giving further effect to Article 32(5) of the last-mentioned Directive, hereby make the following regulations:

Citation and construction

1.

(1) These Regulations may be cited as the European Communities (Admissions to Listing and Miscellaneous Provisions) (Amendment) Regulations 2014.

(2) These Regulations shall be read as one with the Companies Acts.

Interpretation

2.

In these Regulations—

“2007 Regulations” means the European Communities (Admissions to Listing and Miscellaneous Provisions) Regulations 2007, S.I. No. 286 of 2007 .

Amendment of the 2007 Regulations

3.

(1) The 2007 Regulations are amended–

(a) in Regulation 2 (1)—

(i) by substituting the following for the definition of “Irish Stock Exchange”:

“ ‘Irish Stock Exchange’ means the Irish Stock Exchange plc (CRO Registration Number 539157)”;

and

(ii) by adding the following definition:

“ ‘MiFID Regulations’ means the European Communities (Markets in Financial Instruments) Regulations 2007, S.I. No. 60 of 2007 as amended from time to time.”;

(b) in Regulation 3, by substituting the following for paragraph (6):

“Nothing in these Regulations shall affect or derogate from any power of the Minister for Finance or the Bank under the MiFID Regulations, or under any other enactment.”;

and

“The Irish Stock Exchange shall be the competent authority for admission of securities to its Official List for the purposes of the Directive and shall have all the powers required to be conferred on, or which the State is permitted to confer on, a competent authority by the Directive.”

Saving of obligations

4.

The amendment to the definition of “Irish Stock Exchange” in Regulation 3(1)(a)(i) of these Regulations shall not remove the restrictions placed, by virtue of Regulation 5 of the 2007 Regulations, on persons employed or formerly employed by the Irish Stock Exchange Limited (CRO Registration Number 233947) while that company was the competent authority pursuant to the 2007 Regulations.

GIVEN under my Official Seal

14 April 2014.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These regulations amend the European Communities (Admissions to Listing and Miscellaneous Provisions) Regulations 2007 ( S.I. No. 286 of 2007 ), which appointed the Irish Stock Exchange as the competent authority for admissions of securities to its Official List.

The amendments are required to allow the Irish Stock Exchange plc (CRO Registration Number 539157) replace the Irish Stock Exchange Limited (CRO Registration Number 233947) as the competent authority for that list with effect from the date of signature of these Regulations.

Footnotes

O.J. No. L 184, 6.7.2001, pp. 1-66

O.J. No. L 345, 31.12.2003, pp 64-89

O.J. No. L 390, 31.12.2004 pp 38-57

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